Police Minister Senzo Mchunu has been ordered to pay over half a million to a couple that was unlawfully arrested and detained in smelly cells for a week.
The North West High Court ruled that Lesego Motlhaolwa and Mpunzie Nobandla were entitled to R275 000 each to compensate for the ordeal they endured.
The couple said they were at home when the police arrived on the night of March 27, 2018.
The court heard that police arrived in a convoy of no less than 10 police cars and piercing police lights.
The police said had come to “catch a killer”.
One police officer identified as Mr Legodi, entered the house and informed them that they were under arrest for murder.
They co-operated and handed themselves over to the officers, although they had no idea of the details of the alleged murder.
They proceeded to the Mahikeng police station and left their children unattended.
Motlhaolwa testified that people came to watch as police put them inside the police vehicle.
Regarding the condition of the cell and the circumstances of her detention, Motlhaolwa testified that they were four in the holding cell and conditions were bad because it was dirty, blankets were smelly, and there was little running water.
She said that the toilet did not flush and they had to use bottles to fetch water from the shower to flush the toilet. They followed the same process for bathing.
She testified that the food was tasteless and very little. She told the court that they only ate two meals a day – in the mornings and afternoons – for the entire time of her detention.
She said that because of the arrest, she is now considered a killer by her neighbours and members of her community.
Even though she never sought counselling, she said the incident left her traumatised.
Nobandla also testified about his experience and said he was locked up with 15 other inmates and the cell was filthy. Even though toilets were in working order, they had no doors and therefore he enjoyed no privacy. As a result of this he opted to use the toilet only at night.
He said he was assaulted and bullied every night by the other inmates who asked him for money and cigarettes.
He was also instructed to do chores for other inmates and others tied bottles of water to his private parts, mocking him, and telling everybody that he was a killer.
He added that he managed to eat for only three of the seven days he was in detention, as the gang members took his food from him.
He said his arrest caused him emotional shock and trauma.
After a week of detention, they were both taken to the holding cells in court on April 3, 2018, only to be released later as the prosecutor declined to prosecute them.
The couple wanted R900, 000 compensation for their ordeal.
Police admitted to the couple’s claims and called no witnesses to dispute them.
However, they argued that the couple failed to produce a psychologist report to indicate that they suffered long-term effects from their arrests and detention.
Moreover, their unemployed status should also be considered in determining a fair amount of damages.
Judge Sandiswa Mfenyana said she was aware the victims provided no evidence of the emotional shock and trauma they allegedly suffered, however, it cannot be a ground for saying that they were not affected negatively by their arrest and detention.
Mfenyana said it was also unnecessary for police to show up with 10 state vehicles because not only did this cause a spectacle, it was humiliating.
“When such constitutional breaches happen without justification at an extravagant use of state resources, merely for pomp and show, it is even more indefensible,” the judge said.
sinenhlanhla.masilela@iol.co.za
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